Free Proposed Supersedeas Bond - District Court of Colorado - Colorado

Case 1:01-cv-02056-JLK

Document 279-2

Filed 02/22/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane

Civil Action No. 01-cv-2056-JLK-MJW

UNITED STATES AVIATION UNDERWRITERS, INC. a New York corporation; and PAUL LEADABRAND, an Idaho resident,

Appellees, Vs.

PILATUS BUSINESS AIRCRAFT, LTD, a Colorado corporation, PILATUS AIRCRAFT, LTD, A Swiss corporation; and PRATT & WHITNEY CANADA, INC., A Canadian corporation, Appellants.

AMENDED SUPERSEDEAS BOND Appellants Pilatus Business Aircraft, Ltd And Pilatus Aircraft, Ltd, as principals, are held and firmly bound to the appellee, United States Aviation Underwriters, Inc. in the sum of $589,000.00 and to appellee Paul Leadabrand in the sum of $574.44, plus for both appellees, prejudgment interest at the rate of 8% compounded annually from July 8, 2001 to June 29, 2007 and postjudgment interest at the rate of 4.98% per annum until paid, to be paid to appellees, from the proceeds of a letter of credit for the amount of $1 million, received by the United States District Court on the 20th day of February, 2008 for which payment well and truly made appellants bind themselves, their heirs, executors, administrators, or assigns, jointly and severally, by this instrument. A copy of the letter of credit is filed herewith. Whereas, on the 29th day of June, 2007, in an action pending in the above court, between the plaintiffs and the defendants, judgment was rendered against Pilatus Business Aircraft, Ltd And Pilatus Aircraft, Ltd, and the appellants having filed a Notice of Appeal from such judgment to the United States Court of Appeals for the Tenth Circuit and having applied for and obtained an order of the District Court staying enforcement of such judgment during the pendency of the appeal.

Case 1:01-cv-02056-JLK

Document 279-2

Filed 02/22/2008

Page 2 of 2

Now, therefore, the condition of this obligation is that if the appellants shall prosecute their appeal to effect and shall satisfy the judgment in full, together with costs, interest, and damages for delay if the appeal is finally dismissed or the judgment is affirmed or shall satisfy in full such judgment as modified together with such costs, interests, and damages as the Court of Appeals may adjudge and award, this obligation shall be void; otherwise it shall remain in full service and effect.

Dated this APPROVED:

day of

, 2008.

_____________________________________ United States District Judge